Ten days ago, a Bakersfield drunken driver was sentenced to jail on his third DUI conviction, but was given two weeks of freedom before he had to report to Lerdo.
On Wednesday, a week after he was granted the delay of sentence, Mark Anthony Patton -- who has 32 court cases against him -- was drunk again and driving again, police said. He ran a stop sign, killing a local man, police said, and then fled the scene.
His 33rd Bakersfield case will charge him with murder, and Patton will face a life prison term if convicted, but the dead man's family wants to know why he wasn't locked up before he could kill.
Martin Martinez, 45, was killed Wednesday afternoon in the accident at East Brundage Lane and Sterling Road.
''I don't know if it's the judge's fault or the other driver's,'' said Martinez's widow, Patricia Martinez. ''But that guy shouldn't have been driving.''
Patton was driving a 1998 Dodge Ram pickup west on East Brundage Lane in a light rain at about 5:30 p.m. when he ran the stop sign at Sterling Road and broadsided the 1994 Toyota pickup driven by Martinez, the CHP said.
Patton abandoned his truck and ran away, the CHP said.
A sheriff's deputy caught him on Alloway Lane east of Oswell Street, according to reports. He ''was evaluated for alcohol intoxication and was determined to be under the influence,'' according to a CHP report.
Court documents available online show 32 cases against Patton. The first was in 1986, most recent was in June. All but the most recent two have been archived, and could not be viewed over the holiday weekend. The online site shows that in the latest two latest cases, Patton pleaded no contest in 2006 to being drunk in public. And the June case was concluded just 10 days ago, when Patton pleaded no contest to drunken driving. Charges of driving while his license was suspended or revoked for a previous DUI were dismissed.
Patton was sentenced Nov. 19 to 120 days in jail, three years probation, and a $1,729 fine.
The California Vehicle Code requires repeat drunken drivers be warned in court they could be charged with murder if they cause a fatal accident after drinking.
The law requires the judge to tell the defendant: "It is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged with murder."
After getting that warning, Patton was allowed to walk out of the courtroom. The Bakersfield Californian reported Friday he was given a two-week delay before he had to report to jail. Such delays are sometimes permitted to allow a non-dangerous defendant to put his affairs in order before incarceration.
The websites available Friday did not list the name of the judge who allowed Patton to stay out of jail.
''I can't believe a person can be out driving like that,'' Patricia Martinez said. ''How can he be loose like that?''
Patton was booked Thursday by the CHP into jail on charges of murder, DUI causing injury, hit and run causing injury, and, again, driving on a license suspended or revoked for a previous DUI.
He is being held without bail in the downtown jail. He declined a request to be interviewed.
